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NeCede's

Maxim 7.5.9

When both parties are in fault the plaintiff must always fail, and the cause of the person in possession be preferred.

Cum par delictum est duorum, semper oneratur petitor.

Source: D. 50, 17, 154; Jackson; Weisman, 44p; Weisman, 99w Difficulty 2/5 — Approachable

Explanation

Where both parties are equally culpable, the court will not disturb the existing state of affairs — the plaintiff who comes with unclean hands loses to the defendant in possession.

Where this applies

  • Both sides committed the same violation — the court won't help the plaintiff.
  • When both parties are equally at fault, the status quo is maintained.

Legal domains

equityprocedural

Cite this maxim

NeCede Max. 7.5.9 — When both parties are in fault the plaintiff must always fail, and the cause of the person in possession be preferred. — D. 50, 17, 154; Jackson; Weisman, 44p; Weisman, 99w (Cum par delictum est duorum, semper oneratur petitor.)

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